The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime, the Defendant was in a state of mental disorder having weak capacity to distinguish things or make decisions under the influence of alcohol at the time of the instant crime. (2) The lower court’s sentence of unfair sentencing (one year of imprisonment) is too heavy.

B. A prosecutor 1) In full view of the misconception of facts and misapprehension of legal principles as to the defendant's attack against the victim, repetition, immediately after the victim's death, the circumstances after the victim's death, etc., the court below denied this, and did not ask the defendant to commit the crime of murder. 2) The sentence of unfair sentencing is too weak.

2. Determination

A. In light of the record on the Defendant’s mental and physical assertion, the Defendant’s physical and mental disorder acknowledged the fact that the Defendant had drinking alcohol prior to the instant crime. However, in full view of the following: (a) the Defendant had drinking water for several hours after the commission of the instant crime; (b) the background and process leading up to the commission of the crime; (c) the conduct and circumstance after the commission of the crime; and (d) the statement made to the investigative agency immediately after the commission of the crime, it is insufficient to view that the Defendant had a mental and physical disorder with the ability to discern things or make decisions even before the commission of the instant crime.

This part of the defendant's assertion is not accepted.

B. As to the prosecutor’s assertion of mistake of facts and misapprehension of the legal principles, the court below acquitted the Defendant of the facts charged on the ground that the evidence submitted by the prosecutor based on the legal principles and reasons as indicated in its holding is insufficient to readily conclude that the Defendant had a conclusive or dolusent intention to kill the victim at the time when the Defendant was committed, and there is no other evidence to acknowledge it.

A prosecutor, a prosecutor, a prosecutor.